Section 41.005 - Harm Resulting From Criminal Act(a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another.(b) The exemption provided by Subsection (a) does not apply if: (1) the criminal act was committed by an employee of the defendant;(2) the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7, Penal Code;(3) the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125, Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance; or(4) the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D, Chapter 92, Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.(c) In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if:(1) the principal authorized the doing and the manner of the act;(2) the agent was unfit and the principal acted with malice in employing or retaining him;(3) the agent was employed in a managerial capacity and was acting in the scope of employment; or(4) the employer or a manager of the employer ratified or approved the act.Tex. Civ. Prac. and Rem. Code § 41.005
Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. 9/1/1995.